1999 036 Ordinance - Laserfiche WebLink

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be released by such Sublessor and become a part of the Subleased Property of such Site, subject to the terms of this Agreement, and concurrently therewith, the Available Space on such Site to which the Communications Equipment of such Sublessor has been relocated shall, upon the amendment of the Site Designation Supplement, automatically become and constitute the Reserved Space of such Site subject to Section 5 (a "Substitution'`). The terms of this Section 25(b) shall be self~perative, and no further instrument shall be required to evidence any Substitution; provided, however, that upon the request of either such Sublessor or Tower~o, the Parties shall promptly execute an amendment to the Site Designation Supplement as maybe reasonably required to fiuther evidence such Substitution. Such Sublessor shall, at its cost and expense, complete the relocation of its Communications Equipment within one hundred twenty (120) days of the exercise of its Right of Substitution and return the previously existing Reserved Space to its original condition, ordinary wear and tear excepted. (c) Notwithstanding anything to the contrary contained herein and without limiting S'ublessor's sights under Section 5(b), if during the Term, TowerCo intends to sublease any Available • T Space of the Subleased Property of any Site to a potential Space Subtenant, TowerCo shall send the applicable Sublessor a copy of the bona fide third parry offer (containing all of the terms and conditions for such offer to sublease, and which must include the specific Tower(s) and Available Space which are - the subject of such offer) from such potential Space Subtenant (the "Third Party Offer Notice") regarding such proposed sublease, and such Sublessor may, in its sole discretion, by providing written notice - thereof to TowerCo: (i) within three (3) business days after receipt of the Third Party Offer Notice (in the case of up to ten (10) individual Sites); and (ii) ten (10) business days (in the case of more than ten (10) Sites) after receipt of the Third Party Offer Notice from TowerCo, (x) exercise its Right of Substitution pursuant to Section 25(b) in respect of such Available Space, or (y) sublease such Available Space from TowerCo upon the terms and conditions stated in the applicable Third Party Offer Notice and pursuant to Section 25(d). Such Sublessor shall exercise its option pursuant to this Section 25(c) by providing written notice thereof to TowerCo within the appropriate time period specified in Section 25(c) after receipt of the Third Parry Offer Notice from TowerCo. (d) If a Sublessor exercises its Right of Substitution as to any Available Space, then such Available Space shall become the Reserved Space for all purposes of this Agreement and be subject to the provisions of Section 5. if such Sublessor exercises its Right of First Refusal as to such Available Space, then TowerCo shall sublease the Available Space to such Sublessor subjectto the terms and conditions (other than rent, which shall be as set forth in the Third Party Offer Notice) of the Master Tower Site Lease Agreement, a copy of which is attached hereto as Exhibit C. Such Sublessor shall, for all purposes of this Agreement, become a Space Subtenant of such Available Space. (e) If the applicable Sublessor fails to notify TowerCo as to its election under -- -Section 25(c) within the appropriate time period, men such Sublessor's options refereed to in Section 25(c) with respect to such Available Space shall expire and TowerCo shall be entitled to sublease such Available Space to a potential. Space Subtenant upon the terms and conditions contained in the applicable Third Parry Offer Notice. if such Available Space has not been subleased to such Space Subtenant within ninety (90) days after such Sublessor's receipt of the applicable Third Party Offer Notice, then the restrictions provided in this Searon 25 shall again become effective with respect to such Available Space, and TowerCo shall have no right to sublease any such Available Space without again offering such Available Space to such Sublessor in accordance with the provisions of this Section 25. 26. ASSIGNMENT AND SUBLETTING. -- (a) With respect to any of the Subleased Property, TowerCo shall not enter into or consummate any agreement to sell, assign or otherwise directly or indirectly dispose of such Subleased Property except: (i) to Space Subtenants in the ordinary course of business and pursuant to the terms and conditions of this Agreement, and so long as such transactions are not entered into as a subterfuge to avoid the oblisations and restrictions of this Agreement or (iil pursuant to a transaction in which (Al all